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Hunting & Fishing Trespassing While Hunting????

hugo121175

Sergeant
Full Member
Minuteman
Dec 16, 2009
591
0
49
Near Reading, PA
My in-laws live in far western Maryland. My father-in-law and a few buddies where out rabbit hunting on state land. While walking thru the Big Savage State Forest they had accidentally walked onto private land that was not posted, and did not have any specific boarder. You could say they crossed the imaginary line in the woods. Next thing they know there is a Parks Officer handing each person a $475 ticket for hunting on private lands without writen consent...... You know times are getting tough when even the Park Police are going ticket crazy.....
 
Re: Trespassing While Hunting????

It is the hunters responsibility to know where they are at all times. I know a few guys that have got an expensive lesson in map reading a few times.
 
Re: Trespassing While Hunting????

yeahh you gotta watch those private lands inside the blm, national forests and state parks. earlier in the season, i asked this guy if i can have permission to call on his land. where i wanted to call he said was state park! he said he even got a ticket for riding his dirtbike on his land INSIDE the state park... a little ridiculous i think.
 
Re: Trespassing While Hunting????

In MD the property has to be posted with a sign or a blue band painted on the (trees) along the border. If there were no signs or blue bands, they should go to court and contest the tickets.

Good luck

jerry
 
Re: Trespassing While Hunting????

Lucky they were in Maryland...

Long story short, my Mom was a German teacher for close to 30yrs before retiring. A friend of hers was an English teacher who lived in Germany. The lady was hiking and inadvertently crossed the border into East Germany... Similar scenario, no signs, fence, etc. Instead of Park Police, East German soldiers showed up and took her into custody. IIRC it took her family almost 9yrs to get her released from prison.
 
Re: Trespassing While Hunting????

Two years ago the Michigan DNRE came to my house to arrest me for felony hunter harassment.For kicking 3 hunters off my posted land, because my signs were to far apart. When you were standing by one sign you couldn't see the next. I would have lost my hunting, fishing and trapping rights for 3 years and a $5000 fine. But the 3 guys didn't want to drive 300 miles to go to court. I wish we had the trespass laws of Maryland here in Michigan. I use to live in Maryland and never had a problem staying on my land.
 
Re: Trespassing While Hunting????

You should not have to post for a hunter to be responsible for his actions and know where they are.

Ignorance in any sort is not excuse.

That being said, I'm a reasonable guy, if you cross into my land that is not posted, I'm most likely not going to prosecute you unless you show no respect when asked to leave. But at the end of the day, if you hunt, its your responsibility to understand the hunting laws, safety, and your location.
 
Re: Trespassing While Hunting????

I don't agree with that. If your hunting on National Forest land which is yours and mine, and theres 1000's of acres and an isolated 40acre plot which is private but looks the same it ought to be fenced, posted, or have no trespassing paint. In Arkansas my farm is legally posted because of the barb wire fence on the perimeter. If I didn't have a fence then it would have to have signs or paint that are visible wherever you come upon the property line. When you turkey hunt in the Mark Twain Nat Forest in Missouri, you are going to inadvertinally going to get on private by mistake because you cannot tell the difference.
 
Re: Trespassing While Hunting????

Here in Texas you have to have purple paint on the borders of your property if you dont want hunters on your land that lets them know there is a property border there and they must request permission to cross the fence.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Grumulkin</div><div class="ubbcode-body">Ohio has it right in my opinion. A hunter has to have WRITTEN permission to hunt on another's property and said property does not have to be marked or posted in any way.</div></div>
LA is the same way now. Good law.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: krw</div><div class="ubbcode-body"> If your hunting on National Forest land which is yours and mine, and theres 1000's of acres and an isolated 40acre plot which is private but looks the same it ought to be fenced, posted, or have no trespassing paint. </div></div>
I have been on/worked on numerous Federal or State owned tracts in many states, and have never seen one that didn't have marked boundaries.

I am not sure how they do things in MD, but anywhere I have been the lines would be painted.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: hugo121175</div><div class="ubbcode-body"> You could say they crossed the imaginary line in the woods. Next thing they know there is a Parks Officer handing each person a $475 ticket for hunting on private lands without writen consent...... </div></div>

If lines were not marked, how could said Officer prove they were trespassing??
 
Re: Trespassing While Hunting????

With todays technology like gps there is no reason anyone should not know where they are at all times. In SD there is public land mixed in with private and land owners dont have to post any thing it is on the hunter to know where they are. Take the responsibility to know where you are while hunting and there is no problems. Hell the sd gfp have a program you can down load on the gps to let you know where all the public land is.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">With todays technology like gps there is no reason anyone should not know where they are at all times.</div></div>

Well, I guess I can stop contributing to search-and-rescue teams. That's comforting to know. I hope those dedicated people will find some other way to contribute to the public well-being...
 
Re: Trespassing While Hunting????

We respect others property here in rural NC for the most part. That said we have big tracks of land where the owner is absentee. Property lines are rarely logical or uniform. Point is, if not posted, many NC counties consider it open without written permission. Those of you who are used to cookie cutter urban tracks or people having tracks of minimal acreage will not understand this concept. When you have tracks of hundreds and some times thousands of acres adjacent to one another it is difficult to tell. Sure, GPS is great for telling you where you are but unless you are a surveyor with your transit in hand you will many times have a hard time knowing how your coordinates correlate to the map because many times they are not correct. Even the surveyors have problems with old lines and corners. That is why I see it as the owners responsibility, unless obvious or because of proximity, to post land they dont want encroached upon.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ggmanning</div><div class="ubbcode-body">We respect others property here in rural NC for the most part. That said we have big tracks of land where the owner is absentee. Property lines are rarely logical or uniform. Point is, if not posted, many NC counties consider it open without written permission. Those of you who are used to cookie cutter urban tracks or people having tracks of minimal acreage will not understand this concept. When you have tracks of hundreds and some times thousands of acres adjacent to one another it is difficult to tell. Sure, GPS is great for telling you where you are but unless you are a surveyor with your transit in hand you will many times have a hard time knowing how your coordinates correlate to the map because many times they are not correct. Even the surveyors have problems with old lines and corners. That is why I see it as the owners responsibility, unless obvious or because of proximity, to post land they dont want encroached upon. </div></div>
^^^THIS, glad to see someone with common sense in this thread. People are so funny about their property. I can always tell who owns land and is from town, or who isnt. Its easy if you see no tresspassing signs, they are from town. Ive lived in rural ares my whole life, and like ggmanning said, when their is bag tracs of land, unmarked it can be tough to tell, hell it can be tough to tell if it is marked. Then when you go out into desserts, with no trees to mark, no fences up, it all looks the same. Who cares if someone accidently walked through your little plot of land by accident, as long as they arent trashing it, and it was an accident, who cares.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lindy</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">With todays technology like gps there is no reason anyone should not know where they are at all times.</div></div>

Well, I guess I can stop contributing to search-and-rescue teams. That's comforting to know. I hope those dedicated people will find some other way to contribute to the public well-being...
</div></div>

Bad things happen to people and some times they need help so i think you are taking what i said out of context. I guess i was raised to know where i am to avoid the ticket. Have i made a mistake and crossed ground i should not have yes, have i gotten an ass chewing sure have. The grass lands out in western Sd are all public and have private mixed in and have watched good mule deer walk just for the fact i was not 100% they were on the public land. Guess one thing is nice about living in SD we still have people with common sense and dont press any charges if you make a mistake and cross there land. The ass chewings are better than a ticket i suppose. But also i have lived in a city my whole life the biggest one being 15000 people and now in a town with 3 stop lights so i probally am not country enough to know anything. I dont own any land yet either.
 
Re: Trespassing While Hunting????

Sorry but my opinion of most DNR officers is some where lower than a Crime thug and a Petty dictator. By the way I'm a LEO but these guys are mostly little people with some idea that they alone are going to save bambi cause ALL hunters are bad.

I've seen some really bad enforcement from these guys.

a. Hunting with another Police Officer he legally took a deer. Gutted it drug it back to the deer camp which was in a trailer type of community. The deer was laying out in the yard he had tagged the deer a wire run through the ear with the tag. That day it was raining the PAPER tag was falling apart he took the tag placed it in a paper towel on the table in the trailer. About 1 hour later three DNR officers came to the door asked who's deer was in the yard the Officer claimed it and when asked about the tag he provided the tag in its wet and torn condition. I was in the back and when I came out I IDed my self as a Federal Agent and was armed. Their attitude was distrust and tried to disarm me at which time I informed them if they tried they would all be under FEDERAL arrest. I again told the DNRs what had happened to the tag.....it was still raining outside.

These JACKASSES issued the officer a ticket for not having the deer tagged!!!

If I had not been there I would have not believed it.

Sorry DNR officers are worse than IRS or ATF inspectors(not the usual agents)
 
Re: Trespassing While Hunting????

In addition to being an Ohio landowner, I have been a Pennsylvania landowner. Things are a little different in PA. There you have to have a no trespassing sign every so many feet which has to have your phone number on it. Of course, those who don't wish to respect your property just tear down your signs. The bright side is if they cut cable or chain to enter your property or have been told to leave and tresspass again, it becomes criminal trespassing.

I guess I have a hard time understanding how people who wouldn't like you putting a sign in their yard, walking in their back yard, swimming in their pool, etc. think it's acceptable to enter your property with guns without permission. One idiot jerkoff came to our back door early one weekend morning in full bowhunter regalia wanting to hunt. I also had to chase off a number of hunters who invited themselves on my property. Several that had the courtesy to ask during normal daylight hours got permission to hunt.

So sorry, but as it stands now, if someone is now on my property hunting without permission, law enforcement will be called.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ggmanning</div><div class="ubbcode-body"> .... That said we have big tracks of land where the owner is absentee. </div></div>
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ubet</div><div class="ubbcode-body"> .... when their is bag tracs of land, </div></div>
It's TRACT- not "tracks" and not "tracs". I surely don't know what a "bag trac" is, though it does sound interesting. Not nearly as interesting as going into desserts though. Yummy!
 
Re: Trespassing While Hunting????

Smartass in every crowd. If I was interested in strict grammer I'd be on Syntaxhide.com

But hey, if it makes you feel intelligent and educated carry on.
 
Re: Trespassing While Hunting????

Generally, PURPLE BANDS painted on fence posts or trees signify "Private Property, No Trespassing". Keep your eyes open for paint, even faded, typically around eye level.

If you have your own property, grab the spray cans & get to work.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ggmanning</div><div class="ubbcode-body"> But hey, if it makes you feel intelligent and educated carry on.</div></div>
Sorry your feelings were hurt. I was trying to educate you, not feel educated. I will not attempt to enlighten you any further, though it was difficult to stay away from the "Property lines are rarely logical" statement.
 
Re: Trespassing While Hunting????

Hehehe.... I'm just too ignorant to respond in length and the arrogance is too pervasive to break with the written word. That, and my feelings are hurt.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">Sorry but my opinion of most DNR officers is some where lower than a Crime thug and a Petty dictator. By the way I'm a LEO but these guys are mostly little people with some idea that they alone are going to save bambi cause ALL hunters are bad.

I've seen some really bad enforcement from these guys.

a. Hunting with another Police Officer he legally took a deer. Gutted it drug it back to the deer camp which was in a trailer type of community. The deer was laying out in the yard he had tagged the deer a wire run through the ear with
the tag. That day it was raining the PAPER tag was falling apart he took the tag placed it in a paper towel on the table in the trailer. About 1 hour later three DNR officers came to the door asked who's deer was in the yard the Officer claimed it and when asked about the tag he provided the tag in its wet
and torn condition. I was in the back and when I came out I IDed my self as a Federal Agent and was armed. Their attitude was distrust and tried to disarm me at which time I informed them if they tried they would all be under FEDERAL arrest. I again told the DNRs what had happened to the tag.....it was
still raining outside.

These JACKASSES issued the officer a ticket for not having the deer tagged!!!

If I had not been there I would have not believed it.

Sorry DNR officers are worse than IRS or ATF inspectors(not the usual agents)</div></div>

Don't get me wrong, I don't like the DNR either, but you should know that LE can disarm you, even if you are an off duty local or fed. There is case law on this and it should be easy for you to find, since you are a fed. I wonder why you chose to I'D yourself in the first place. You being LE had nothing to do with the deer not being tagged. Sounds like you needed your ego deflated. In fact, your bud may not have gotten the ticket if you hand opened your mouth. Next time you find yourself in that situation, just resist. I am sure you will keep your job with an obstruction conviction......look it up smart guy.......
 
Re: Trespassing While Hunting????

Also, please enlighten the forum on how you planned on arresting 2 LE officers in lawful discharge of their duties when you were off duty. As previously stated, they do have the right to disarm you. The supreme court has already ruled on this.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Wolf22</div><div class="ubbcode-body">kinda like crossing into CA??



</div></div>

Yup, second to Illinois Cali sucks and is rappidly getting worse.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body"> I was in the back and when I came out I IDed my self as a Federal Agent and was armed. </div></div>

That's some stellar PR work right there.
Sounds to me like you played your "armed Federal Agent" card, and then got your panties all wadded up because the officers didn't run screaming like little girls.


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body"> Their attitude was distrust and tried to disarm me at which time I informed them if they tried they would all be under FEDERAL arrest. </div></div>

And what would you have charged them with on your "FEDERAL arrest" form?


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">These JACKASSES issued the officer a ticket for not having the deer tagged!!!
</div></div>

You included the ticket in the story, but you didn't mention a fine. Sounds like maybe somebody pulled some strings and got the charges dismissed?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">Sorry DNR officers are worse than IRS or ATF inspectors(not the usual agents)</div></div>

Right or wrong, the officers had the balls to do what they thought was the right thing to do, regardless of the "status" of the people involved.
I give them a two-thumbs-up for that.

The law applies to everybody, especially the police.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">Sorry but my opinion of most DNR officers is some where lower than a Crime thug and a Petty dictator. By the way I'm a LEO but these guys are mostly little people with some idea that they alone are going to save bambi cause ALL hunters are bad.

I've seen some really bad enforcement from these guys.

a. Hunting with another Police Officer he legally took a deer. Gutted it drug it back to the deer camp which was in a trailer type of community. The deer was laying out in the yard he had tagged the deer a wire run through the ear with the tag. That day it was raining the PAPER tag was falling apart he took the tag placed it in a paper towel on the table in the trailer. About 1 hour later three DNR officers came to the door asked who's deer was in the yard the Officer claimed it and when asked about the tag he provided the tag in its wet and torn condition. I was in the back and when I came out I IDed my self as a Federal Agent and was armed. Their attitude was distrust and tried to disarm me at which time I informed them if they tried they would all be under FEDERAL arrest. I again told the DNRs what had happened to the tag.....it was still raining outside.

These JACKASSES issued the officer a ticket for not having the deer tagged!!!

If I had not been there I would have not believed it.

Sorry DNR officers are worse than IRS or ATF inspectors(not the usual agents) </div></div>

Deer Permit $20
Ammo $32
Beer for deer camp $125
LEO getting busted by DNR officers that are lower than a Crime thug and Petty dictators. <span style="font-weight: bold">Priceless</span>
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">
I've seen some really bad enforcement from these guys.

These JACKASSES issued the officer a ticket for not having the deer tagged!!!
</div></div>

I dont see what is so hard to understand. Your bud removed the tag from the deer, so IT WAS NOT TAGGED. That is what he got the ticket for. Whats the problem? Maybe next time he can find a way to cover the deers tag with a plastic bag or drag it under a roof? Oh I forgot, because you are a fed, you and your buddies just dont have to do that......
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: M25BeastShooter</div><div class="ubbcode-body">Their attitude was distrust and tried to disarm me at which time I informed them if they tried they would all be under FEDERAL arrest. </div></div>

So the guy in the following link was Fed LE also:

http://cleanupatf.org/forums/index.php?/topic/185-atf-senior-manager-arrested/

I guess the arresting officer will face a FEDERAL arrest? You think they booked him with his sidearm? I bet they didnt, he was disarmed as well. LE has the right to do so. You are like every other fed......a CLOWN!!!!
 
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My .02... you can usually tell if someone is hunting your land or walking through.

If someone is a fellow hunter and they get turned around, did not see a fairly posted piece of property.. be courteous and help them find their way.

Free Society... you can be a landowner and be an ASS in any state. You can be an ASS and hunt others land without permission. Either way.. you have 2 Asses from which I have no fondness or.. you can show gracious fellowship and help folks out.

Personally, I am respectful and do not like to get near other's land in case my game runs and flops over onto posted property. I have seen some ASS not allow the hunter (when asked properly) take the animal and then the owner allow it to just lay there. A waste ..

Americans... we used to have an understanding of civil society.
 
Re: Trespassing While Hunting????

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ubet</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ggmanning</div><div class="ubbcode-body">We respect others property here in rural NC for the most part. That said we have big tracks of land where the owner is absentee. Property lines are rarely logical or uniform. Point is, if not posted, many NC counties consider it open without written permission. Those of you who are used to cookie cutter urban tracks or people having tracks of minimal acreage will not understand this concept. When you have tracks of hundreds and some times thousands of acres adjacent to one another it is difficult to tell. Sure, GPS is great for telling you where you are but unless you are a surveyor with your transit in hand you will many times have a hard time knowing how your coordinates correlate to the map because many times they are not correct. Even the surveyors have problems with old lines and corners. That is why I see it as the owners responsibility, unless obvious or because of proximity, to post land they dont want encroached upon. </div></div>
^^^THIS, glad to see someone with common sense in this thread. People are so funny about their property. I can always tell who owns land and is from town, or who isnt. Its easy if you see no tresspassing signs, they are from town. Ive lived in rural ares my whole life, and like ggmanning said, when their is bag tracs of land, unmarked it can be tough to tell, hell it can be tough to tell if it is marked. Then when you go out into desserts, with no trees to mark, no fences up, it all looks the same. Who cares if someone accidently walked through your little plot of land by accident, as long as they arent trashing it, and it was an accident, who cares. </div></div>

Well said...
 
Re: Trespassing While Hunting????

All I gotta say is +1 M25BeastShooter. And to the rest of you, try coming to PA and dealing with the PGC - see how much you like them then.

You can be an ethical, law-abiding hunter and make one mistake and they're on you. Doesn't matter if it was a mistake, doesn't matter if there was no criminal intent. Frankly, I'm glad he put them in their place.

And no, I've never been cited nor am I LE. I'm just a nobody PA hunter who doesn't like the way the little "nobody" game wardens conduct business.
 
Re: Trespassing While Hunting????

If you play by the rules, they cant do anything to you. You should try it sometime.

I dont see where that clown put them in their place. He was in the wrong and he is lucky they didnt force the issue. He would have found himself emabrassed and probably in jail. Yes, Federal law enforcement officers must abide by the same laws as everyone else......
 
Re: Trespassing While Hunting????

i beleive in CA it has to be posted every so much distance. what pisses me off is when some one has private land in the way of our public land and refuses to let people come through and its the only route. pretty much denying us access to our land. id be fine with that if we could put up a fence againat theres and deny them acces to our land.
 
Re: Trespassing While Hunting????

How the FUCK do you know that I don't play by the rules? You don't know shit about me or how I hunt. You look after your own compliance to the law, I'll look after mine.

And your statement that "If you play by the rules, they cant do anything to you." is at best naive and at worst, totally unrealistic.

You really seem to have a bug up your ass on this. Wonder why?

The only thing you and I agree about is that LE, all LE, should abide by the same laws as everyone else.

 
Re: Trespassing While Hunting????

I've been detained for hunting my own property! Have a pond that is leased to "Sportsmans Club" we own the property but lease to this club. Was hunting ducks off it one morning and someone turned my ass in. Cops showed up, game warden showed up. Had me sitting in back of police car. Warden confiscated my shotgun. My father grabbed a copy of the lease, showed LE we still had hunting rights on the pond. LE let me go, Game warden thanked cops for "wasting his time" It's crazy how hunting is almost no fun anymore.